R v Close [2018] NSWDC 352
A period of imprisonment is the only appropriate sentence given the seriousness of the offending, aggravating factors including conditional liberty and prior convictions, similarity to guideline judgment, and youth/rehabilitation needs. Special circumstances warrant a minor departure from statutory parole ratio; guilty plea justifies a 25% discount on head sentence.
- Parties
- Prosecution: Regina (Crown); Offender: Dallas Timothy Close
- Jurisdiction
- Australia
- Judgment Date
- 29 June 2018
- Procedural Posture
- Criminal / Sentencing
- Outcome
- conviction and imprisonment
- Legal Topics
- Sentencing, Robbery in Company, Guideline Judgments, Aggravating and Mitigating Factors, Prior Criminal History, Deterrence, Rehabilitation, Special Circumstances
Case Brief
Summary, issues, holding and outcome
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Parties
Regina (Crown)
Prosecution
Dallas Timothy Close
Offender
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Appropriate sentence for robbery in company under s 97(1) Crimes Act 1900
- 2 Consideration of aggravating and mitigating factors
- 3 Assessment of guideline judgment applicability
Ratio Decidendi
A period of imprisonment is the only appropriate sentence given the seriousness of the offending, aggravating factors including conditional liberty and prior convictions, similarity to guideline judgment, and youth/rehabilitation needs. Special circumstances warrant a minor departure from statutory parole ratio; guilty plea justifies a 25% discount on head sentence.
Court Disposition
conviction and imprisonment
Orders
- Conviction for robbery in company
- Imprisonment head sentence of 3 years commencing 1 January 2018, expiring 31 December 2020
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